Trump files emergency Supreme Court motion to block sentencing in NY v. Trump

President-elect Donald Trump filed an emergency petition Wednesday morning with the United States Supreme Court in an attempt to block his sentencing in New York against Trump.

Judge Juan Merchan set Trump’s sentencing in New York for Jan. 10 after a jury found the president-elect guilty of falsifying business records in the first degree, stemming from Manhattan District Attorney Alvin Bragg’s investigation. Trump pleaded not guilty to all charges and has appealed the ruling, but was dismissed last week by Merchan.

NEW YORK JUDGE GRANTS TRUMP EXCUSE DAYS BEFORE INAUGURATION

“President Trump’s legal team filed an emergency petition with the United States Supreme Court asking the court to correct the wrongful actions of the New York courts and stop the illegal sentencing of the Manhattan DA witch hunt,” said Trump’s spokesman and incoming White House communications director, Steve. Cheung told Fox News Digital.

“The Supreme Court’s historic ruling on immunity, the Constitution and established legal precedent mandates that this worthless hoax be rejected immediately.”

Cheung said that “the American people elected President Trump with an overwhelming mandate that demands an immediate end to the political weaponization of our justice system and all remaining witch hunts.”

He added: “We look forward to uniting our country in the new administration as President Trump makes America great again.”

Merchan and Trump side by side

Former President Donald Trump, left, attends the first day of his trial at Manhattan Criminal Court in New York City on April 15. Judge Juan Merchan poses for a photo in his chambers on March 14 in New York. (Angela Weiss/AFP via AP, POOL/AP)

TRUMP FILES MOTION TO BECOME ‘UNLAWFUL COURT’ IN NEW YORK CASE

Trump’s lawyers said in their petition to the high court that it “should immediately order a stay of criminal proceedings pending in the Supreme Court of New York County, New York, pending the final disposition of President Trump’s interlocutory appeal raising issues of presidential immunity, including in this Court, if necessary.”

“The court should also, if necessary, impose a temporary administrative stay while it considers this application for a stay,” the suit states.

Manhattan District Attorney Alvin Bragg walks the halls of Manhattan Supreme Court

Manhattan District Attorney Alvin Bragg arrives at Daniel Penny’s trial after a lunch break at the Manhattan Supreme Criminal Court building in New York City, Monday, Dec. 2, 2024. (Julia Bonavita/Fox News Digital)

Trump’s lawyers also argued that New York prosecutors wrongly admitted extensive evidence of official presidential acts during the trial, ignoring the high court’s ruling on presidential immunity.

The Supreme Court ruled earlier this year that presidents are immune from prosecution for official presidential acts.

Trump’s legal team argues that Merchan should not be allowed to go any further, saying that their appeal of the ruling “will ultimately result in the dismissal of the District Attorney’s politically motivated prosecution, which was flawed from the beginning, centered around the wrong actions and perjury. allegations of a disgraced, disbarred former attorney with a serial liar violated President Trump’s due process rights and had no merit.”

“In the meantime, the trial court in New York lacks authority to sentence and sentence President Trump — or conduct any further criminal proceedings against him — pending the resolution of his underlying appeals that raise substantive claims of presidential immunity, including on review in this court if it is necessary,” the suit states. “As discussed herein, this court should order an immediate stay of the criminal proceedings against President Trump at the trial in New York, including but not limited to the hearing scheduled for January 10, 2025 at 9:30 a.m.”

New York must file a written response by Thursday at 10:00

JUDGE REJECTS TRUMP’S MOTION TO STOP RECALL OF NEW CRIMINAL CASE

The filing with the U.S. Supreme Court comes after a New York judge on Tuesday rejected Trump’s motion to delay the Jan. 10 sentencing, which is currently set for Friday, Jan. 10 at 1 p.m. 9.30.

United States Supreme Court.

United States Supreme Court. (Howard/Bloomberg via Getty Images)

Merchan set the sentencing date last week but said he will not sentence the president-elect to prison.

Merchan wrote in his decision that he is likely to “impose no prison sentence,” but rather an “unconditional discharge,” meaning no sentence would be imposed.

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Trump will be sworn in as the 47th president of the United States on January 20.

Trump has maintained his innocence in the case and has repeatedly spoken out against it as an example of “law enforcement” promoted by Democrats in an attempt to damage his reelection efforts ahead of November.

Fox News’ Shannon Bream and Bill Mears contributed to this report.